A photo showing five Iowa high school students wearing white hoods over their heads, waving a Confederate flag and burning a cross is causing outrage on social media.

But despite its offensiveness, constitutional law experts say its racist, hate-filled message is considered protected free speech under the First Amendment.

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“As much as we might be offended by what these people did, there is a serious free speech issue that may support what they’re doing,” said Mark Kende, a constitutional law professor at Drake University.

Kende said it only becomes a crime if violence is involved, such as inciting a crowd to inflict harm upon one another or threatening or intimidating a specific person.

Other people like Betty Andrews, president of the Iowa/Nebraska NAACP, said the photo is just plain appalling.

“Those symbols that were in the pictures were symbols of violence and they were anti-American,” Andrews said. “If you don’t talk about race, if you don’t make sure that you are instilling in your children the value of other human beings, this is what happens.”

Some Drake students said the photo represents the culture in which the individuals were raised, one commenting that “people are not born racist.”

Creston school administrators and community leaders called the photo embarrassing, but many people are questioning if the students should be punished because the incident happened off school grounds.

Administrators told KCCI on Wednesday that they disciplined the students involved, though it is unclear what punishment was given. Crime or not, Andrews hopes that the uproar will spark a conversation.

“We have to be really careful in crossing that line when free speech does become hate speech, and just making sure that we are really making an effort to treat everyone with value,” Andrews said.

Andrews suggested that the school consider offering an educational program on race.